DOS Document Production Cover Letter, ACLU v. DOD, No. 1:04-CV-4151 (S.D.N.Y. Dec. 29, 2004)

Letter from Margaret P. Grafeld, DOS to Amrit Singh, ACLU re: the ACLU's FOIA Request. The letter states that the document production requested is being complied with in some parts and denied or withheld in part.

Wednesday, December 29, 2004
Wednesday, December 29, 2004

United States Department of State

Washington, D.C. 20520
Case No. 200303827 GENEV1

Mr. Amrit Singh
American Civil Liberties Union Foundation

125 Broad Street, 18th Floor
New York, NY 10004-2400

Dear Mr. Singh:

I refer to our previous correspondence regarding the release
of certain Department of State material you had requested
under the Freedom of Information Act (Title 5 USC Section

552) in your letters of October 7, 2003, and May 25,2004.

The search in the records of the United States Mission in
Geneva has been completed, resulting in the retrieval of 66
documents that appear responsive to your request. They have
been grouped as Segment GENEV1. After reviewing the
documents of Segment GENEV1, we have determined that 15 may
be released in full, one may be released with excisions, and
41 may not be released. The released documents are
enclosed. A decision on four documents requires interagency
or intra-agency coordination. We will inform you when we
receive the results of that coordination. Five documents
originated with other government agencies and have been
referred to those agencies for review and direct reply to

The material in 18 of the documents withheld in full is
currently and properly classified under Executive Order

12958 in the interest of national defense or foreign
relations. As such, it is exempt from release under
subsection (b) (1) of the Freedom of Information Act.

Information in the excised portions of the one document
released in part and in 36 documents withheld in full is
exempt from release under subsection (b)(5) of the Freedom
of Information Act because it is protected by the
deliberative process privilege, attorney client privilege,
attorney work product privilege, and/or another privilege
incorporated by subsection (b)(5).

- 2 -

In some cases, two or more exemptions apply to the same
document. In the case of a document released in part, all
non-exempt material that is reasonably segregable from the
exempt material has been released.


Margaret P. Grafeld


Office of Information Programs

and Services

As stated.